Derek Graham Nicholson v D J Mighell and others [1995] IRCA 563

CATCHWORDS INDUSTRIAL LAW - Registered organisations - Election inquiry - Irregularities - Rules - Construction of rules - Jurisdiction of Court under s221 Industrial Relations Act 1988 - Holding over Industrial Relations Act 1988 ss 221 Re Patterson; Re Association of Railway Professional Officers of Australia (1987) 19 IR 373, 384-385 Smith v Operative Painters and Decorators Union of Australia, Western Australian Branch (1992) 44 IR 357 Re Birch; Re Australian Workers Union (SA Branch) (No 2) (1991) 37 IR 420, 436 No. VI 4765 of 1995 DEREK GRAHAM NICHOLSON v D.J. MIGHELL AND OTHERS Marshall J Melbourne 13 October 1995

IN THE INDUSTRIAL RELATIONS) ) COURT OF AUSTRALIA ) ) VICTORIA DISTRICT REGISTRY ) Nos. VI 4765 of 1995 DEREK GRAHAM NICHOLSON Applicant D.J. MIGHELL AND OTHERS Parties JUDGE: Marshall J PLACE: Melbourne DATE: 12 October 1995 ORDER THE COURT ORDERS THAT: 1. Until the declaration of the result of the election to be conducted for the offices of Branch Secretary and Branch Assistant Secretary in the Victorian Branch of the Electrical Division of the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia pursuant to the order of the Court of 18 September 1995, Dean Jonathan Mighell and Gavin Mark Marshall shall act in the offices of Branch Secretary and Branch Assistant Secretary. 2. Liberty to apply is reserved on not less than 48 hours written notice to each other party. NOTE: Settlement and entry of orders is dealt with by Order 36 of the Industrial Relations Court Rules

IN THE INDUSTRIAL RELATIONS) ) COURT OF AUSTRALIA ) ) VICTORIA DISTRICT REGISTRY ) Nos. VI 4765 of 1995 DEREK GRAHAM NICHOLSON Applicant D.J. MIGHELL AND OTHERS Parties JUDGE: Marshall J PLACE: Melbourne DATE: 13 October 1995 REASONS FOR JUDGMENT